Who pays for hitching a ride in an accident?

2022-05-05 0 By

Special note: all works marked “source” or “transferred from” are reproduced from media, copyright belongs to the original author and original source.The contents shared are the author’s personal views and are only for readers’ reference.Travel peak number does not represent the views crowded let some people choose to take a “free ride” but if the accident causing casualties how to delimit the responsibility of the case description on December 1, 2019 Liang Mou driving small cars for free in the morning on qi a certain in britains hit the road after a irregular obstacles in the process of qi caused a traffic accident injury grade ten disability issued by road traffic teamThrough the accident book, identified liang mou to bear full responsibility.After the accident, Qi mou complaint to the court, liang mou and highway maintenance center compensation for medical expenses, mental damage compensation, loss of work costs, a total of more than 190,000 yuan.The court combined the consequences caused by the accident, the fault of all parties and other factors, the judgment of Liang mou to assume 50% of the responsibility, compensation Qi 93530.93 yuan, highway management and maintenance center to assume 20% of the responsibility, compensation Qi 37412.37 yuan, Qi mou assume 30% of the responsibility.Qi one refuses to accept the first-instance judgment in April 2021 to the municipal intermediate people’s court of appeal court trial think Liang Mou driving vehicles on qi a did not charge any fee are free ride and there is no driving without a license, drunk driving and so on gross negligence or willful in line with the “civil code” in “kindness with a” relevant provision, should be appropriate to reduce liability to pay compensation;The highway management and maintenance center fails to find and clear the obstacles on the highway in time, and fails to fulfill the corresponding management and guarantee obligations;Qi mou did not fasten seat belt, oneself existence fault.The first-instance court determine Liang Mou, highway custody center and qi a respectively 50%, 20% and 30% of the responsibility to maintain at the same time, the second instance court a mental damages in qi Liang Mou compensation amount is changed from 3500 yuan to 5000 yuan legal analysis “kindness with times” is a bona fide patronage, helpful actions conform to the friendly and harmonious socialist core values of the peopleThe code for the first time on the “good ride” made a clear provision, if hitchhiking road traffic accident, resulting in injury or death of the passengers, the responsibility demarcated into two cases: 01 riders free ride, the owner in violation of rules and other fault, need to bear legal responsibility.If the passenger pays for the ride, it is deemed that the owner has business purpose and shall bear legal responsibility for the personal and property losses of the passenger.Article 1217 Where a non-operating motor vehicle occurs a traffic accident and causes damage to the unpaid rider, and the liability of the motor vehicle belongs to one party, the liability for compensation shall be reduced, except where the motor vehicle user has intentional or gross negligence.At the same time, it is suggested that drivers should drive cautiously to ensure safe travel and take reasonable measures to protect passengers’ personal and property safety. Passengers should have enough safety awareness and consciously do a good job in safety protection to minimize the personal loss caused by traffic accidents